Essay on Tort Law
Some of the compensations that may be sought include the medical bills, suffering, the pain and other economic constraints that resulted from the injuries. Unlike in the criminal cases, the main purpose of the court is not to fine the defendant but to ensure that compensation is done to the Plaintiff. In article six of The Human Rights Act, 1998 in the United Kingdom an individual is entitled to a fair trial. The management of the hotel must be fairly put on trial for their activities that caused harm to the two individuals that were invited to the premises. Clifford and Oliver are victims of the ignorance and the negligence of the Estate Manager for The Scottish Grand Hotel. The purpose and the meaning of the tort law can be lost if there are no insurance covers that are involved.
The plaintiff seeks to be compensated by the insurance covers that are catered for by the defendant. It was the responsibility of the hotel to ensure that all individuals getting into the hotel had been covered by insurance on minor accidents that may occur within their premises. Clifford and Oliver therefore, need to prove that there deserved to be compensated by the insurance that covers the hotel. It was irresponsible for the management to allow people that are not working on the construction of the premises to be in before the work had been completed. It is therefore considered to be the negligence of the hotel that caused the incident to occur. It would have been prudent for any management of such caliber to suspend the meeting after the incident that caused injuries to Oliver.
This was, however, not the case and after he was taken to the hospital the invited guests continued with their activities normally. It was a negligence of responsibility by the manager not to remind the guests to stick to one place upon realizing that there were more areas in the house that needed fixing. Clifford suffered a great deal of pain and has to be compensated by the management for putting his life at risk by underestimating the danger that the house especially the drawing room posed to his life. Bolton had sent Oliver for an x-ray, it would have been clear that he had a fracture on his ankle, but his negligence and ignorance shown by his simple assumptions and inactions caused a lot of trouble since all this was bypassed.
After three days, Oliver was in unreserved agony and pain and he went back to the accident and emergency department where he was attended by Dr. Liz who listened to him and sent him to an x-ray and the fracture was detected. Oliver was plastered and painkillers prescribed and have since recovered fully from his state. Dr. This type is calculated based on the defendants gain. On this case, Oliver should consider whatever the doctor was evading and include it. Replevin which allows the personal loss of the victim should also be sort to ensure that Oliver does not exploit what he had in the name of the expenses incurred and as a result experience a downfall. Equitable remedies should also be a consideration factor and the plaintiff should be prevented from meeting the defendant and having a direct contact.
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